H1b cam exemption based on previously approved revoked petition

I am working on L2 EAD . Last year an employer filed H1B for me, which was approved by USCIS. But I never joined that employer and I think that employer submitted request to USCIS in Nov’2015 to revoke it. Now it is revoked. My current employer is willing file a new H1B for me this year.
But my employer’s attorney is not sure if they can file it as cap exempt using my revoked H1B petition. They also don’t want to file it twice as it includes lot money for them. I also took an info pass appointment at local USCIS office to find if my case qualifies to be cap exempted, as per them they cant confirm if I am cap exempt or not based on my revoked H1B petition, it would at discretion of adjudicating USCIS official who will handle my case.
Now my question is , can my H1B petition be filed in April or before when USCIS starts accepting regular H1B application and request for CAP exemption at USCIS
discretion referencing my previously approved petition. And in case USCIS determines that this petition should be subject to cap, then they include it in the annual cap lottery?

The petition needs to be clearly marked as cap-exempted or not. If it is marked as cap-exempted, and USCIS determines the opposite, it will be rejected. They would not add it to the pool of cap-subject petitions.